A Capehart Scatchard Blog

Tag: Section 504

Second Circuit Holds FBAs Are Not “Evaluations” for Purposes of Special Ed Parents’ Independent Evaluation Requests

By on October 13, 2020 in Special Education/504 with 0 Comments

In a precedential opinion sure to make waves in the special education community, on September 17, 2020, in D.S. v. Trumbull Board of Education, 120 L.R.P. 133 (2d Cir. 2020), the Second Circuit Court of Appeals held that functional behavioral assessments (“FBAs”) of special education students conducted by a public school district are not “evaluations” capable of triggering a parent’s right to request an independent educational evaluation (“IEE”) from the district by an outside evaluator, at public expense.  The case puts front and center an issue of first impression that has rarely been addressed in the district courts of the […]

Share

Continue Reading »

Exhaustion of Administrative Remedies May Not Apply to Section 504 Claims

By on September 29, 2020 in Special Education/504 with 0 Comments

On September 23, 2020, the Ninth Circuit Court of Appeals ruled in McIntyre v. Eugene School District that the exhaustion of administrative remedies is not required when the claims do not allege a denial of a free appropriate public education (“FAPE”) as defined by the Individuals with Disabilities Education Act (“IDEA”). The case involved a student with attention deficit disorder who alleged that her school district violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act when it did not provide her with disability-related testing accommodations and failed to follow an emergency health protocol. In the complaint, […]

Share

Continue Reading »

Offer Reasonable Accommodations for Students Who are Unable to Wear Face Coverings

By on July 29, 2020 in Students with 0 Comments

Lauren E. Tedesco, Esq., a shareholder in the firm’s School Law Group, was recently interviewed by Special Ed Connection on the topic of accommodations for students who are unable to wear face coverings. To view the PDF version of the article, please click here.

Share

Continue Reading »

N.J. District Court Affirms Dismissal of Parent’s Special Education Case as Time-Barred

By on February 25, 2020 in Special Education/504 with 0 Comments

In a case decided on February 11, 2020 by the United States District Court for the District of New Jersey, Camden Vicinage, the Eastampton School District (“District”) successfully dismissed a parent’s lawsuit brought under the Individuals with Disabilities Education Act (“IDEA”) on the basis that it was filed beyond the two-year statute of limitations. In McLean v. Eastampton School District, the parent of a special education student initiated a due process petition in August 2018 against the District alleging that an individualized education program (“IEP”) developed by the District in June 2016 failed to provide the student with a free […]

Share

Continue Reading »

Third Circuit Clarifies Law on Independent Evaluation Requests & Need for Disagreement with District Eval

By on December 16, 2019 in Special Education/504 with 0 Comments

Occasionally, school district child study teams (“CSTs”) are faced with special education parents who are resistant to allowing the CST to evaluate their child, yet demand independent evaluations from an outside evaluator at the school district’s expense.  In such circumstances, districts were often faced with a dilemma – either acquiesce to such demands, or file for due process themselves and incur legal fees to resist such requests, or deny the parent’s request without filing for due process and risk an Administrative Law Judge (“ALJ”) finding that the district committed a procedural violation.  This is because previous decisions of the Office […]

Share

Continue Reading »

District Court Denies Parents’ Request for IEE

Parents of special education students have the right to request an independent educational evaluation (“IEE”) at the expense of the school district if they disagree with any assessment conducted as part of an initial evaluation or a reevaluation conducted by the school district. However, that right is not unfettered. On January 31, 2019, the United States District Court for the District of New Jersey in S.S. and M.S., o/b/o H.S. v. Hillsborough Township Public School District overturned an Administrative Law Judge’s decision and determined (1) parents are only entitled to an IEE at the district’s expense when they disagree with an evaluation or reevaluation […]

Share

Continue Reading »

What You Need to Know About OCR Complaints & Investigations – Part 2

By on April 3, 2018 in Other with 1 Comment

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Last week we discussed the Office for Civil Rights’ (“OCR”) jurisdiction to enforce anti-discrimination laws in school districts, as well as the filing of complaints with the OCR and opening letters and data requests. Today, we will discuss best practices to responding to a data request, and discuss further investigation procedures, including interviews and letters of finding. Responding to a data request can be a time consuming process, as many times the OCR will ask for extensive information and documentation. Along with speaking to staff members involved, it is important […]

Share

Continue Reading »

What You Need to Know About OCR Complaints & Investigations – Part 1

By on March 27, 2018 in Other with 0 Comments

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Office for Civil Rights (“OCR”) is the federal agency charged with enforcing anti-discrimination laws in programs or activities that receive federal financial aid from the United States Department of Education (“USDOE”). The OCR investigates alleged discrimination on the basis of race, color, and national origin pursuant to Title IV of the Civil Rights Act of 1964; sex discrimination pursuant to Title IX of the Education Amendments of 1972; discrimination on the basis of disability pursuant to Section 504 of the Rehabilitation Act of 1973; and age discrimination pursuant to […]

Share

Continue Reading »

Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies – Again

By on February 27, 2018 in Special Education/504 with 0 Comments

In the last year, our federal courts have addressed the exhaustion of administrative remedies requirement for parents who bring claims against a school district on behalf of a disabled student under Section 504 of the Rehabilitation Act (“Section 504”). Notably, the U.S. Supreme Court ruled in February 2017 in Fry v. Napoleon Community Schools that parents are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint alleges a denial of a free appropriate public education (“FAPE”). The Third Circuit Court of Appeals, which applies to New Jersey, recently applied the […]

Share

Continue Reading »

Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]

Share

Continue Reading »

Top